Smt. Pushpa Minj v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 5179 of 2019

1. Smt. Pushpa Minj W/o Shri Basant Ekka Aged About 45 Years Caste - Uraon, R/o Village - Dagdauwa, Post - Pasiya, Janpad Panchayat, Bagicha, District Jashpur Chhattisgarh.

---- Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Atal Nagar, New Raipur Chhattisgarh.

2. The Collector District Jashpur Chhattisgarh.

3. The Chief Executive Officer Zila Panchayat, Jashpur Chhattisgarh.

4. The Chief Executive Officer Janpad Panchayat Bagicha, District Jashpur Chhattisgarh.

5. Smt. Monika Minj W/o Karamchand Aged About 30 Years R/o Gram Panchayat, Bimda, Janpad Panchayat, Bagicha, District Jashpur Chhattisgarh.

6. Smt. Madhura Kerketta W/o Serafinus Kerketta Sarpanch, Gram Panchayat, Bodapahri, Janpad Panchayat, Bagicha, District Jashpur Chhattisgarh.

---Respondents For Petitioner :

Shri JK Saxena, Advocate.

For State :

Shri Arvind Dubey, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16.07.2019

1. Challenge in this petition is to the order dated 14.06.2019 (Annexure P/1) whereby the petitioner who is working as Panchayat Secretary has been transferred from Gram Panchayat Jujgu to Gram Panchayat Bodapahri.

2. The grievance of the petitioner firstly is that when she reported for duty at Bodapahri, she has not been permitted joining as there is already a Panchayat Secretary working in the Gram Panchayat Bodapahri. The second ground raised by the petitioner is that the respondents be directed to consider retaining of the petitioner at the same place i.e. Gram Panchayat Jujgu.

-23. On perusal of the records, it appears that the petitioner at the first instance has gone to comply with the order dated 14.06.2019 and that she was refused joining on account of there being already a Panchayat Secretary working at the transferred place.

4. Given the said facts, this court is of the opinion that ends of justice would meet if the writ petition is disposed of with a direction to the respondent No.4 to ensure that the order dated 14.06.2019 so far as posting of the petitioner is concerned, is complied with at the earliest by either ensuring that the petitioner is given joining at Bodapahri or pass a suitable order whereby the petitioner is accommodated elsewhere. Let the respondent No.4 take an appropriate decision at the earliest preferably within a period of 45 days from the date of receipt of copy of this order.

5. Accordingly, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge inder